Comparative Fatwa

Preface

PrefaceWhether people’s religious rites are valid or not depends on the degree of their acquaintance with the Islamic law (shar‘) and on how they observe these rules. One of the ways to determine the rules of religion is following (doing taqlīd of) a qualified mujtahid.To know the fatwās of our marji‘ of taqlīd, we can refer to his book on practical laws of Islam (risālah al-‘amaliyyah) that reflects his jurisprudential opinions and its correctness is confirmed.Owing to the fact that after the demise of the Grand Ayatollah Araki (q.) and even before that time so many mukallafs have started taqlīd of His Eminence, the Grand Ayatollah Khamenei (d.), it seemed necessary to compile the differences between the late Imam Khomeini's (q.) fatwās and that of Ayatollah Khamenei (d.) to make them accessible for his followers and other people.

Note:1. Some of the instances mentioned here do not reflect difference in fatwā but they may show something extra or an explanation for the ruling.2. Those who follow the Supreme Leader (d.) can act upon their religious responsibilities by noticing the differences in the fatwās mentioned here. If any question regarding other matters is raised, they may forward it to His Eminence for being answered.3. The fatwās of the late Imam Khomeini (q.) have been collected from the books of "Taḥrīr al-Wasīlah" published by Dār al-Aḍwā’/Beirut; "Tawḍīh al-Masā’il" published by Bonyād-e-Pejohishhay-e-Islami, Astan-e-Qods-e-Razavi; "Al-‘Urwah al-Wuthqā" (two volumes) published by al-Maktabah al-‘Ilmiyyah al-Islāmiyyah; and "Manāsik of Hajj" with its footnotes published by Nashr-e-Mash‘ar 1382 H.4. The fatwās of His Eminence, the Grand Ayatollah Khamenei (d.) have been taken from the book "Ajwibah al-Istiftā‘āt" ('Replies to Inquiries About the Practical laws of Islam' published by Al-hoda International Publication, "Manāsik of Hajj" in Arabic language and some of the questions and answers available at the office of His Eminence.

We hope that this book will pave the way for the believers.

ربنا تقبل منا انک انت السميع العليم

Our lord! Accept this from us! Indeed You are the Alert, the Aware!You will find the fatwās of the late Imam Khomeini (q.) in the left column and that of Ayatollah Khamenei (d.) regarding the same issue in the opposite column

Taqlīd

Purity

Wuḍū’

Ghusl

Tayammum

The Religious Injunctions Regarding the Dead

Qiblah

Prayer Time

The Clothes Worn While Offering Prayer

The Place Where Prayer Is Offered

Rulings of a Masjid

Prayer’s Obligations

Congregational Prayer

Friday Prayer

A Traveler’s Prayer

Qaḍā’ Prayers

Fasting

Invalidators of Fasting

Qaḍā’ and kaffārah of fasting

Kaffārah of Breaching a Nadhr

I‘tikāf (Devoting Oneself Exclusively to Worship in a Masjid)

Khums

Hajj

Some questions answered by His Eminence Grand Ayatollah Khamenei (d.)

Question 1: Would you please explain for me the terms ghinā’, music and its instruments in simple and understandable words!Answer: ghinā’ is the singing specific and suitable for gatherings of merrymaking and debauchery. Both singing and listening to such kind of songs are ḥarām. If the music instruments are played in a way suitable for such gatherings, both using and listening to them are ḥarām. Accordingly, if a piece of music falls under ghinā’ or the aforementioned music, it is considered as ḥarām; otherwise, it is ḥalāl.

Questions 2: In weddings, what is the ruling of women’s dancing in front of other women or maḥram men or men’s dancing in front of other men or maḥram women?Answer: If dancing is sexually exciting or it entails vile consequences or ḥarām acts, it is impermissible except for wife’s dancing for her husband or vice versa while they are alone together.

Question 3: What is your Eminence’s opinion regarding calling for, and communicating with, spirits?Answer: By itself, calling for spirits is not objected unless it is associated with a ḥarām act or done for a ḥarām purpose.

Question 4: What does shar‘ say about hypnosis?Answer: Doing it with the consent of the person to be hypnotized and for a sensible ḥalāl motive is not problematic by itself.

Question 5: What is the ruling of looking at a non-maḥram woman?Answer: If looking at the face or hands (up to wrists) of a non-maḥram woman is not associated with lust, it is not ḥarām.

Question 6: Is it right according to shar‘ to inseminate a woman using an unknown man’s semen?Answer: By itself, the mentioned act is not objected as per shar‘ but they should avoid ḥarām touching and looking.

Question 7: If an embryo of a couple is implanted inside the uterus of a foreign woman, what will be its shar‘ī ruling?Answer: Although ḥarām looking and touching should be avoided, this act is not a problematic by itself. The resulted baby is the child of the couple whose sperm and egg are used and he/she is maḥram to them and their relatives. Regarding the woman in whose womb the embryo is developed, caution should be observed.

Question 8: What is the ruling on vasectomy / tubectomy, be it temporarily or permanently?What if this procedure leads to irreversible sterility?Answer: Generally speaking , if vasectomy or tubectomy is done for a rational purpose and is free of considerable harm and — in case of tubectomy — it is done by the husband’s permission, it is not objected by itself no matter whether it is temporary or permanent or whether it would lead to irreversible sterility or not.

Question 9: You have said that the father’s permission for marrying his virgin girl is necessary. Is this ruling a fatwā or it is based on caution?Answer: Father’s permission for marrying a virgin girl is, by obligatory caution, a condition.

Question 10: I have adopted a minor girl. How can I make her maḥram with me?Answer: If it is to her advantage and the permission of the authorized religious authority is obtained, you may marry her off to your father.

Question 11: In qasāmah, can one person take 50 oaths?Answer: In qasāmah cases, whenever the number of persons (from the complainant side) who take oath is less than 50, carrying out the sentence on the basis of this qasāmah is seriously problematic.